Summary Table of Seclusion and Restraint Statutes, Regulations, Policies and Guidance, by State and Territories

On July 31, 2009, Secretary Duncan sent a letter to the states and territories urging them to develop or review and, if appropriate, revise their state policies and guidelines to ensure that every student in every school under its jurisdiction is safe and protected from being unnecessarily or inappropriately restrained or secluded. He also urged them to publicize these policies and guidelines so that administrators, teachers and parents understand and consent to the limited circumstances under which these techniques may be used; ensure that parents are notified when these interventions do occur; and provide the resources needed to successfully implement the policies and hold school districts accountable for adhering to the guidelines.

Secretary Duncan also encouraged the states and territories to have their revised policies and guidance in place prior to the start of the 2009-2010 school year to help ensure that no child is subjected to the abusive or potentially deadly use of seclusion or restraint in a school. The Office of Elementary and Secondary Education was tasked to work with staff from our regional Comprehensive Centers to contact state offices by August 15, 2009 to discuss the status of each state's efforts with regard to limiting the use of seclusion and restraint to protect students. During this contact, discuussions included relevant state laws, regulations, policies, and guidance that affect the use of seclusion and restraint, and any plans for further development or revisions.

The below table and accompanying document summarizes the state and territorial policies regarding seclusions and restraints that resulted from these discussions in order to share information that will help protect all students.

Currently Developing or Revising
State Statutes, Regulations,
Policies or Guidance

Alabama

Please see attached.

Please see attached.

State is revising all policies; expects draft of new policy (for all students) to be adopted by end of July 2010.

Alaska

Please see attached.

No policies or guidance addressing seclusion and restraint.

State intends to provide guidance; currently collected data on training and resources at the local level.

American Samoa

No statute or regulations addressing seclusion and restraint.

No policies or guidance addressing seclusion and restraint.

Not indicated.

Arizona

No state statute or regulations addressing seclusion and restraint.

Please see attached.

Task force developed to make recommendation of best practice for discipline of students with disabilities.

Arkansas

Please see attached.

Please see attached.

Committee convened to review state statute juvenile justice code regarding restraints to consider applicability to education code. Also plan to review, update and expand seclusion regulation to apply to all students.

California

Please see attached.

No policies or guidance addressing seclusion and restraint.

Not indicated.

Colorado

Please see attached.

Please see attached.

Amendments to current rules, which apply to all students, have been adopted on November 12, 2009.

Northern Mariana Islands

No statute or regulations addressing seclusion and restraint.

No policies or guidance addressing seclusion and restraint.

Not indicated.

Connecticut

Please see attached.

Please see attached.

Preparing state form for districts to submit data on use of seclusion.

Delaware

Please see attached.

Please see attached.

Not indicated.

District of Columbia

Please see attached.

Please see attached.

Not indicated.

Florida

Please see attached.

Please see attached.

State statute and regulations are in development for students with disabilities.

Georgia

No state statute or regulations addressing seclusion and restraint.

Please see attached.

State Board of Education to adopt a final rule in April 2010.

Guam

No statute or regulations addressing seclusion and restraint.

No policies or guidance addressing seclusion and restraint.

Not indicated.

Hawaii

Please see attached.

Please see attached.

Not indicated.

Idaho

No state statute or regulations addressing seclusion and restraint.

No policies or guidance addressing seclusion and restraint.

Task force will begin in September 2009 and submit proposed rule (including all students) to State Board in June 2010.

Restraint and Seclusion Advisory Committee met September 2009 to examine current guidance and practice and make recommendations.

Louisiana

No state statute or regulations addressing seclusion and restraint.

No policies or guidance addressing seclusion and restraint.

Considering developing legislation or policy, or both.

Maine

Please see attached.

Please see attached.

State is reviewing current rule on restraint.

Marshall Islands

No statute or regulations addressing seclusion and restraint.

No policies or guidance addressing seclusion and restraint.

Not indicated.

Maryland

Please see attached.

Please see attached.

Amendments to the September 2003 regulations were approved on August 25, 2009, and became effective October 5, 2009.

Massachusetts

Please see attached.

Please see attached.

Not indicated.

Michigan

Please see attached.

Please see attached.

Not indicated.

Micronesia

No statute or regulations addressing seclusion and restraint.

No policies or guidance addressing seclusion and restraint.

Not indicated.

Minnesota

Please see attached.

Please see attached.

Recently revised statute will be effective in 2011. Additional legislative revisions are possible.

Mississippi

No state statute or regulations addressing seclusion and restraint.

Please see attached.

Plans to develop, review or revise statute, policies or guidelines.

Missouri

No state statute or regulations addressing seclusion and restraint.

No policies or guidance addressing seclusion and restraint.

School districts are required to have policies on restraints by July 2011.

Montana

Please see attached.

Please see attached.

The state is reviewing code and procedures.

Nebraska

No state statute or regulations addressing seclusion and restraint.

Please see attached.

The state is reviewing the inclusion in its regulations of a policy/procedure in the area of seclusion and restraint. Beginning in 2009/2010, districts are to assure that staff training is in place prior to using seclusion and restraints for students with disabilities.

Nevada

Please see attached.

Please see attached.

Revised statute on July 1, 2009 through Assembly Bill 56.

New Hampshire

Please see attached.

Please see attached.

Not indicated.

New Jersey

No state statute or regulations addressing seclusion and restraint.

No policies or guidance addressing seclusion and restraint.

State is developing policy.

New Mexico

No state statute or regulations addressing seclusion and restraint.

Please see attached.

Not indicated.

New York

Please see attached.

Please see attached.

State conducted a comprehensive review of all special education policies in September 2009.

North Carolina

Please see attached.

Please see attached.

Incident data being collected during 2009 school year.

North Dakota

Please see attached.

Please see attached.

Not indicated.

Ohio

No state statute or regulations addressing seclusion and restraint.

Please see attached.

State is forming committee to develop provisions on seclusion and restraints.

Oklahoma

No state statute or regulations addressing seclusion and restraint.

No policies or guidance addressing seclusion and restraint.

Draft guidance was developed for special education students in 2007 to assist districts in developing suitable restraints and seclusion policies at the local level. Draft policy on seclusion and restraint is out for public comment.

Oregon

Please see attached.

Please see attached.

Not indicated.

Pennsylvania

Please see attached.

Please see attached.

State is planning to develop regulations on the use of seclusion.

Puerto Rico

No statute or regulations addressing seclusion and restraint.

No policies or guidance addressing seclusion and restraint.

Not indicated.

Palau

No statute or regulations addressing seclusion and restraint.

No policies or guidance addressing seclusion and restraint.

Not indicated.

Rhode Island

Please see attached.

No policies or guidance addressing seclusion and restraint.

Not indicated.

South Carolina

No state statute or regulations addressing seclusion and restraint.

Please see attached.

Draft guidelines, which apply to all students, have been developed and are in the review process. Data from a survey that was sent to districts to see how many have policies in place are currently being reviewed. Results are expected to be released in mid December 2009.

South Dakota

No state statute or regulations addressing seclusion and restraint.

No policies or guidance addressing seclusion and restraint.

Not indicated.

Tennessee

Please see attached.

Please see attached.

Not indicated.

Texas

Please see attached.

Please see attached.

State is currently collecting data on use of restraints for students with disabilities from all the districts.

State has developed procedures for students with disabilities.

Utah

Please see attached.

No policies or guidance addressing seclusion and restraint.

State Board of Education Rules require the state to develop, review regularly, and provide to local school boards and charter school governing boards model policies to address disruptive student behavior.

Vermont

No state statute or regulations addressing seclusion and restraint.

No policies or guidance addressing seclusion and restraint.

Since March 2009, several meetings and focus groups have been held to address the issue and move in the direction of legislation.

Virginia

Please see attached.

Please see attached.

Superintendent's memo was issued October 2009 to all local education agencies (LEA) directing the review of state guidelines.

U.S. Virgin Islands

No statute or regulations addressing seclusion and restraint.

No policies or guidance addressing seclusion and restraint.

Draft policy being reviewed by the Policy Review Committee. Adoption of policy is expected in February 2010.

Washington

Please see attached.

Please see attached.

Not indicated.

West Virginia

No state statute or regulations addressing seclusion and restraint.

Please see attached.

Not indicated.

Wisconsin

Please see attached.

Please see attached.

Not indicated.

Wyoming

No state statute or regulations addressing seclusion and restraint.

No policies or guidance addressing seclusion and restraint.

In September 2009, state Special Education Director will propose developing state definitions for seclusion and restraints and state guidance as well as a process for public comment.